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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, and Environmental Law.
Arjuna Subject : -
Articles 1,613 Documents
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EXECUTION OF FIDUCIARY COLLATERAL POST CONSTITUTIONAL COURT DECISION NUMBER 18/PUU-XVII/2019 IN SHARIA FINANCING SAVING AND LOAN COOPERATIVES BAITUL MAL WA TAMWIL Rahman, Arief; Muhammad, Danang Wahyu
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.3002

Abstract

This research is included in the type of normative juridical legal research. Empirical juridical research is a type of research that uses and processes facts such as books, journals, and other literacies such as interviews and real behavior obtained by direct observation. Fiduciary as collateral is one of the elements in a process of financing, credit and receivables. In this process, there is first a subject or parties involved in a consumer financing legal relationship. Second, there are objects or everything the consumer needs that will be agreed upon. Furthermore, the agreement itself contains clauses and articles that are agreed, of course, with everything that is agreed upon by both parties along with all rights and obligations. Finally, there is a guarantee that will be used in the engagementTo obtain this research material, the researcher uses the literature study method, namely by studying legal materials and with field studies that examine the facts in the field
The Validity Of Wali Muhakkam In The Practice Of Unregister Marriages And Legal Consequences At East Aceh Regency Rizal, Said; -, Pagar; Fuad, Zainul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3008

Abstract

This study aims to determine and analyze the process of unregistered marriage through the guardian of Muhakkam. This study uses an empirical juridical method with a statutory and socio-legal approach. The results of this study indicate that the unregister marriage process carried out by the people in East Aceh by the guardian of Muhakkam still follows the understanding of the tengku and ulama but is not in accordance with the Marriage Act. Marriage without legal evidence and registration at the KUA can bring harm. There are several factors that influence the practice of unregistered marriages, including economic factors, not getting parental approval, low levels of education, lack of understanding and awareness of the importance of registering marriages, the absence of sanctions for perpetrators of unregistered marriages, and problems with polygamy permits
The Construction of Economic Value from Intellectual Property Rights As Debt Guarantee : An Overview of Gustav Radbruch's Triadism Kawengian, Lavly Mozart; Kurniawan, I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.3028

Abstract

Regulations regarding intellectual property rights to be used as collateral for debts were initially partially regulated in regulations regarding patents and copyrights. In further developments, there are provisions confirming that all intellectual property rights can be collateral for debt, of course, with certain conditions. This study aims to answer two legal issues, namely: the construction of the economic value of intellectual property rights as collateral for debt and a review of Gustav Radbruch's triadism related to intellectual property rights as collateral for debt. The novelty of this research is the review of Gustav Radbruch's triadism which constructs the economic value of intellectual property rights to be used as collateral for debt. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the construction of the economic value of intellectual property rights as collateral for debt must be specifically regulated along with institutions that have the capacity to assess whether an economic value of intellectual property rights qualitatively or quantitatively can be used as collateral for debt. According to Gustav Radbruch, provisions regarding intellectual property rights that can be used as collateral for debt actually fulfill the value of certainty, benefit and justice. However, these provisions still require improvement to optimize economic value so that it can be estimated with certainty before intellectual property rights can be used as collateral for debt.
POLITICAL REFORM OF NATIONAL ECONOMIC LAW (Analysis of the Impact of Globalisation on National Investment Law) Febrianto, Surizki
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3035

Abstract

The objective of this study is to investigate the relationship between investment law and state sovereignty, and subsequently formulate a framework for future national investment law policies aimed at promoting economic growth and safeguarding sovereignty. The present study is characterized as normative in its methodology, employing both a statutory and conceptual approach. The findings indicate that investment plays a significant role in enhancing both the economy and employment expansion. Governments globally are engaged in a competitive effort to establish an improved business climate that facilitates investment activities. However, it is imperative to restrict this endeavor and prioritize domestic capital, as evidenced by the 1966 MPRS Decree. This directive provides guidance to Indonesian policymakers that foreign investment or aid should not be disregarded for its role in developing the struggling Indonesian economy. Nevertheless, it is crucial to first rely on the potential of domestic resources as a means of generating development funds. This approach ensures that the availability of foreign funding sources does not lead to dependence on external parties. Furthermore, foreign sources of funds must be utilized for the benefit of the domestic economy.  Foreign investment in Indonesia must also be subjected to limitations in this context
Critical Role of Agrarian Reform in Development National in Indonesia Yahman, Yahman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3038

Abstract

This research aims to analyze the Critical Role of Agrarian Reform in National Development in Indonesia. This research method is normative; namely, research focused on assessing the application of rules or norms in positive law. By using a statutory approach (statute approach) is an approach that is taken by examining the standards contained in statutory provisions. The primary material sources used in this study are the 1945 Constitution of the Republic of Indonesia (1945 Constitution), Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), and MPR RI Decree No. IX/MPR/2001 concerning Agrarian Reform and Natural Resource Management (TAP MPR RI No. IX/MPR/2001), and Presidential Regulation of the Republic of Indonesia Number 86 of 2018 concerning Agrarian Reform (Perpres 86/2018). While the secondary legal materials used by the author are publications in the field of law but not official documents, namely: books, journals, and comments. The study results concluded that Agrarian Reform aimed to rearrange the existing order in society so that people could feel justice and equity in the land sector. In carrying out agrarian reform, there are several stages, namely the establishment of a committee at the autonomous regional level, which is tasked with registering land ownership that exceeds the maximum limit and whose goal is people's welfare, legal certainty, and justice. However, in its development, the implementation of agrarian reform experienced obstacles that caused the main objectives of agricultural reform not to be achieved, so a rural reform arrangement was needed to be aimed at the prosperity of the people.
Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer Of Technology Regulation in Article 7 Trade Related Aspects of Intellectual Property Rights (TRIPs) Muthoharoh, Dian Ayu Nurul; Yuliati, Yuliati; Kusumadara, Afifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3049

Abstract

The purpose of this study is to analyze the Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer of Technology Regulation in Article 7 TRIPs. This research is normative legal research by prioritizing statutory approaches and historical approach. The results of the study show that Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is not by the mandate of Article 7 TRIPs, and implicated for the absence of government interference in technology transfer especially in the field of patents. The legal policy of establishing Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is influenced by the intervention of other countries and more inclined towards adjusting international trade politics than defending national interests. The most ideal arrangement regarding technology transfer is by the formulation of Article 20 Paragraph (2) Law Number 13 of 2016 concerning Patents, which in essence patents must support technology transfer. Suggestions in this study for the lawmaker should emphasize the necessity for technology transfer in the field of patents through licenses in Indonesian laws and regulations.
Constitutional Court Decision to Protect the Rights of Women and Children in Improving Justice and Legal Certainty Ardhanariswari, Riris; Fauzan, Muhammad; Azzahro, Fathimah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3054

Abstract

This paper aims to analyze how the Constitutional Court protects human rights, especially the rights of women and children. Through one of the powers of the Constitutional Court is to conduct a judicial review of the Constitution. The authority of the Constitutional Court is a push for the realization of the constitutionality of the law in order to protect human rights for everyone, including women and child right. The purpose is to analyze the extent to which the Constitutional Court performs its function as the guardian of the Constitution. The research uses statute approach, the comparative approach, the conceptual approach, and the historical approach, based on four judicial review cases: Constitutional Court Decision No.20/PUU-XI/2013 concerning Judicial Review No. 10 of 2008 of General Elections, Constitutional Court Decision No.46/PUU-VIII/2010 concerning Judicial Review Number 1 of 1974 on Marriage, Constitutional Court Decision No.22/PUU-XV/2017 concerning Judicial Review Number 1 of 1974 on Marriage, and Constitutional Court Decision No.24/PUU-XX/2022 concerning Judicial Review Number 1 of 1974 on Marriage. The results of the review demonstrate that: (1) there is an imbalance in legal products that harm women and children; and (2) the Constitutional Court has a mechanism to correct inequality in legal products through a judicial review mechanism. This paper finds that the Constitutional Court plays a significant role in safeguarding women's rights in law through judicial mechanisms. Moreover, this article provides an academic-based assessment of the Constitutional Court's decisions to provide optimal protection for the fulfilment of the rights of women and children.Keywords: Protection, Woman and Children, Rights, Constitutional Court
Juridical Study of the Role of the Regional Technical Implementation Unit for the Protection of Women and Children in Ensuring Legal Protection for Child Victims of Sexual Violence After the Birth of Law Number 12 of 2022 Simbolon, Nanci Yosepin; Devi, Ria Sintha; Hamonangan, Alusianto; Yasid, Muhammad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3056

Abstract

Law Number 12 of 2022 concerning Crimes of Sexual Violence exists as the main and first special rule in dealing with Crimes of Sexual Violence and as a complement to Indonesian criminal law instruments used in law enforcement against various Crimes of Sexual Violence. One of the efforts to implement the Crimes of Sexual Violence Law is the establishment of Integrated Service Delivery in the regions through the Regional Technical Implementation Unit for the Protection of Women and Children. This study uses a normative juridical research type with a conceptual approach, which aims to find out the role of the  Regional Technical Implementation Unit for the Protection of Women and Children in accommodating every aspect of handling criminal acts of sexual violence, starting from efforts to prevent, handle, to recovery efforts for Crimes of Sexual Violence victims. The results of this study are: First, the Crimes of Sexual Violence Law is the main special regulation and a complement to Indonesian criminal law instruments for tackling sexual violence crimes. Second, the Crimes of Sexual Violence Law provides legal protection for victims of sexual violence by involving the Regional Technical Implementation Units for the Protection of Women and Children in provinces and districts/cities who have duties and responsibilities in terms of reporting, victim protection, investigations, and in terms of handling, protecting and victim recovery.
Institutionalization of Pancasila Values in the Formation and Evaluation of Sexual Violence Regulations in University Ginting, Yuni Priskila; Wartoyo, Fransiskus Xaverius
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3068

Abstract

The institutionalization of handling sexual violence in tertiary institutions has the authority to carry out evaluations and assessments that Permendikbudriset No. 30 of 2021 concerning the Prevention and Handling of Sexual Violence in the University Environment is or is not in accordance with Pancasila values. To find and understand what values are contained in the Pancasila precepts which can become a guiding instrument in the formation and evaluation of Permendikbudriset No. 30 of 2021 a statutory approach is taken in normative legal research and a qualitative approach in empirical legal research, using secondary information from the legal field. The results of the study show that legal instruments can be used as a reference in the formation and evaluation of sexual violence regulations in tertiary institutions that are in accordance with Pancasila values.
The Role Of A Notary In Preventing Money Laundering Dharsana, I Made Pria; Kresnadjaja, Indrasari; Dhananjaya, I Putu Lingga; Rini, Rizky Mustika
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3089

Abstract

The Notary's participation in preventing money laundering is to report to PPATK when they know of suspicious financial transactions related to the deed they made. The Notary's position as a whistleblower in the event of suspected suspicious financial transactions as an effort to prevent money laundering has not violated the principle of confidentiality of position. Instead, the Notary must apply the precautionary principle. Notary as the reporting party is an implementation of its obligations stipulated in Article 16 paragraph (1) point an of UUJN, namely acting trustfully and honestly. The State appoints notaries to serve the public in civil Law. Therefore Notaries must also take care not to let the State be harmed by attempts to disguise money from criminal acts. Notaries with this submit to higher interests. This is so that Notaries do not get involved in money laundering cases because they are considered to help carry out a criminal act

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